On page 4609 Mr. Ker, in commenting upon an affidavit on the Toquerville and Adairville route, reads from the evidence of John W. Dorsey, citing page 3945, and ends at this question and answer:
Q. It was done so entirely, was it not?—A. It ought to have been so.
Now, let me read you the balance:
Q. Was it not so done?—A. No, sir.
Q It was not?—A. No, sir.
Q For whose benefit was it done?.—A. He—Meaning Rerdell—stole five thousand dollars on that route, or very nearly that—four thousand nine hundred dollars on that very route.
Q. When did he steal that five thousand dollars?—A. About a year ago or a year and a half; I do not remember the time.
Q. From whom?—A. From Mr. Bosler and myself.
Q. At what time?—A. I should think in February, 1882.
The question now arises, did Mr. Rerdell take this money as charged? Read now from the record, at pages 734 and 735, and you will find in the last line of the tabular statement introduced in this case that on this very route four thousand eight hundred and twenty-seven dollars and eighty-three cents was paid to M. C. Rerdell as subcontractor on that route. We also find that it was paid on the 4th of February, 1882. This is the money that Dorsey swears Rerdell stole, and that gentleman never took the stand to deny it.